CONVENTION

of December 16, 1970

About fight against illegal hijacking of aircrafts

STATES PARTICIPANTS OF THIS CONVENTION,

CONSIDERING that acts of illegal capture or control over the aircraft which is in flight threaten safety of persons and property, seriously break air traffic and undermine belief of people of the world in safety of civil aviation,

CONSIDERING that availability of such acts causes serious concern,

CONSIDERING that for the purpose of prevention of such acts there is imperative need to provide acceptance of adequate measures for punishment of criminals,

AGREED AS FOLLOWS:

Article 1

1. Any person commits crime if this person illegally and purposely seizes the aircraft which is in operation or exercises over it control by violence, either threats of use of violence, or any other form of intimidation, or by means of any technical means.

2. Any person also commits crime if this person:

a) threatens to commit the crime specified in Item 1 of this Article; or

b) illegally and purposely causes receipt of making of such crime by any person of threat,

under the circumstances testimonial of the fact that the threat is real.

3. Any person also commits crime if this person:

a) tries to commit the crime specified in Item 1 of this Article; or

b) will organize other persons or directs them for the purpose of making any of the crimes specified in Items 1, 2 or 3 and) this Article; or

c) participates as the accomplice in the crime specified in Items 1, 2 or 3 and) this Article; or

d) illegally and purposely helps other person to avoid investigation, prosecution and punishment, knowing that this person made the act which is the crime specified in Items 1, of 2, of 3 a), 3 b) or 3 c) of this Article or that this person is searched by law enforcement agencies for criminal prosecution for such crime or are condemned for such crime.

4. Each State Party also recognizes as criminal, irrespective of the actual making or attempt of making of any of the crimes specified in Items 1 or 2 of this Article both or one of the following acts when they are made intentionally:

a) collusion to one or several other persons concerning the crime execution specified in Items 1 or 2 of this Article and if it is provided by the national legal system, is also supposed the actual making by one of participants of collusion of any action for realization of this collusion; or

b) assistance to any otherwise to making of one or more crimes specified in Items 1 or 2 of this Article, group of persons operating with common goal, and such assistance is rendered or:

i) for the purpose of support of general nature of criminal activities or the purpose of group if such activities or the purpose are connected with crime execution, specified in Items 1 or 2 of this Article; or

ii) with awareness of intention of group to commit the crime specified in Items 1 or 2 of this Article.

Article 2

Shall apply each State Party to the crimes specified in Article 1, severe measures of punishment.

Article 2 bis

1. Each State Party according to the principles of the internal law can take necessary measures in order that it was possible to involve the legal entity who is in its territory or founded under its laws in responsibility in case of making by the physical person responsible for management of this legal entity or control over it which acts in this quality, the crime specified in Article 1. Such responsibility can have criminal, civil or administrative character.

2. Such responsibility comes without prejudice to criminal liability of the physical persons who committed these crimes.

3. If the State Party takes necessary measures for involvement of the legal entity to responsibility according to Item 1 of this Article, it provides that the applied criminal, civil or administrative sanctions were effective, proportional and dissuasive. Such sanctions can include financial sanctions.

Article 3

1. For the purposes of this Convention the aircraft is considered being in operation since the beginning of preflight preparation of the aircraft by land personnel or crew for specific flight before the expiration of twenty four hours after any landing. In case of emergency landing it is considered that flight happens until the competent authorities do not assume responsibility for the aircraft and for persons and property who are onboard.

2. This Convention is not applied to the aircrafts occupied on military, customs and police services.

3. This Convention is applied only that case if the place of take-off or the place of the actual landing of the aircraft onboard which the crime is committed is outside the territory of the state of registration of such aircraft; at the same time does not matter whether the aircraft made the international flight or flight on internal airlines.

4. This Convention is not applied in the cases mentioned in Article 5, if the place of take-off and the place of the actual landing of the aircraft onboard which the crime is committed are in the territory of the same State when such State is one of those States which are mentioned in the specified Article.

5. Despite Items 3 and 4 of this Article, Article 6, of 7, of 7 bis, 8, 8 bis, 8 ter and 10 are applied irrespective of the place of take-off or the place of the actual landing of the aircraft if the criminal or the alleged criminal is in the territory of other state, than the state of registration of the aircraft.

Article 3 bis

1. Nothing in this Convention affects other rights, obligations and obligations of the states and persons according to international law, in particular according to the purposes and the principles of Articles of organization of the United Nations, Conventions on international civil aviation and international humanitarian law.

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